Blog

Legal loophole can force the government to use fingerprints to unlock your device.

Legal loophole can force the government to use fingerprints to unlock your device.

In 2013, Apple announced that the iPhone 5s would come equipped with a fingerprint scanner named TouchID. It has become one of the most widely used screen lock for both Android and iPhone, however it is not foolproof. If someone really wanted to access your device, they could wait until you’re fast asleep and use your finger to unlock the device. That is much easier than having to force the person to give away their passcode in some cases. When it comes to a legal standing, it is definitely in a gray area, fingerprints are currently viewed by the law as ‘real or physical evidence,’ meaning that law enforcement has a right to access to them without a warrant. These laws are outdated and don’t particularly state bio-metrics to gain access to a device but more of using bio-metrics as proof.

Some law professors say that this view is now outdated when a fingerprint can provide access to incriminating data.

“It isn’t about fingerprints and the biometric readers,” said Susan Brenner, a law professor at the University of Dayton who studies the nexus of digital technology and criminal law, but rather, “the contents of that phone, much of which will be about her, and a lot of that could be incriminating.”

Others, however, disagree.

Albert Gidari, the director of privacy at Stanford Law School’s Center for Internet and Society, said the action might not violate the 5th Amendment prohibition of self-incrimination. “Unlike disclosing passcodes, you are not compelled to speak or say what’s ‘in your mind’ to law enforcement,” Gidari said. “‘Put your finger here’ is not testimonial or self-incriminating.”

We are seeing more and more cases where iPhones are becoming the leading form on evidence in big investigations like the San Bernardino terrorist attack. What are your thoughts on gaining access to encrypted devices? For me, it will have to be case by case but as for us small folk, if you dig deep enough, you will find something.

Search for:

Facebook

Write us a review!

Brought my son's cracked iPhone in and had it repaired in less than 30 minutes and it cost less than what my co-workers and friends had paid or said it would cost. Bonus wa that if I had any problems bring it back and he would look at it for free.

Charles and Fidel expertly fixed my Asus tablet with not only a quick turn around, but at very reasonable price as well. Screen Remedy was also the only choice when my wife and my own laptops got viruses. They took care of the viruses and put several things in place to deter the issue from occurring again. Its nice to know I have a place I can take my devices whenever I have any issues, having them right up the street is also a major plus!

They were great! The screen repair only took 45 minutes because I went right when they opened. Also the price is comparable to other places who fix screen but the good thing about Screen Remedy is that 50% of all proceeds go to charity. I definitely recommend it!

When it comes to gadgets and gizmos, we love all things tech. one thing that you should not do is confuse our passion for snobbery. We fix all electronic devices such as phones, tablets, PCs, and Mac's.